Regular Session 2019-2020 House Bill 0352 P.N. 0328

PRINTER'S NO. 328

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

352

Session of

2019

INTRODUCED BY KORTZ, READSHAW, A. DAVIS, STAATS, ROAE, CAUSER,

SCHLOSSBERG, FREEMAN, D. MILLER, BARRAR, IRVIN, OTTEN, DALEY,

HILL-EVANS, CONKLIN, MIZGORSKI, B. MILLER, F. KELLER, DeLUCA,

CARROLL, TOOHIL, STURLA AND KINSEY, FEBRUARY 4, 2019

REFERRED TO COMMITTEE ON TRANSPORTATION, FEBRUARY 4, 2019

AN ACT

Amending Titles 44 (Law and Justice) and 75 (Vehicles) of the

Pennsylvania Consolidated Statutes, providing for issuance of

citations; in rules of the road in general, providing for

radar enforcement systems pilot program; and making a related

repeal.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Title 44 of the Pennsylvania Consolidated

Statutes is amended by adding a part to read:

PART V

LAW ENFORCEMENT

Chapter

85. Issuance of Citations

CHAPTER 85

ISSUANCE OF CITATIONS

Sec.

8501. Definitions.

8502. Quotas prohibited.

8503. Station averaging prohibited.

8504. Violation.

§ 8501. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Citation." A traffic citation, ticket or any other type of

citation.

"Enforcement officer." A municipal police officer,

Pennsylvania State Police officer, Game Commission officer, Fish

Commission officer or any other officer employed by a political

subdivision, regional police department or agency of the

Commonwealth.

"Points of contact." Any quantifiable contact made in the

furtherance of an enforcement officer's duties, including, but

not limited to, the number of traffic stops completed, arrests,

written warnings and crime prevention measures. The term shall

not include the issuance of citations or the number of citations

issued by an enforcement officer.

§ 8502. Quotas prohibited.

(a) General rule.--No political subdivision, regional police

department or agency of the Commonwealth shall have the power or

authority to order, mandate, require or in any other manner,

directly or indirectly, suggest to any enforcement officer that

the enforcement officer shall issue a certain number of

citations on a daily, weekly, monthly, quarterly or yearly

basis.

(b) Award not affected.--The prohibition under subsection

(a) shall not affect the conditions of any Federal or State

grant or money awarded to a political subdivision, regional

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police department or agency of the Commonwealth and used to fund

traffic enforcement programs.

§ 8503. Station averaging prohibited.

(a) General rule.--A political subdivision, regional police

department or agency of the Commonwealth may not for purposes of

evaluating an enforcement officer's job performance compare the

number of citations issued by the enforcement officer to the

number of citations issued by any other enforcement officer who

has similar job duties.

(b) Construction.--Nothing in this section shall prohibit

the evaluation of the job performance of an enforcement officer

based on the enforcement officer's points of contact.

§ 8504. Violation.

Any citation issued in violation of this chapter shall be

unenforceable, null and void.

Section 2. Title 75 is amended by adding a section to read:

§ 3371. Radar enforcement systems pilot program.

(a) Establishment.--A pilot program is established to

provide for the use of electronic devices in speed limit

enforcement.

(b) Authorization.--Notwithstanding section 3368(c)(2) and

(5) (relating to speed timing devices), police officers are

authorized to enforce section 3362 (relating to maximum speed

limits) on municipal roads in a police officer's jurisdiction

using electronic devices such as radio-microwave devices,

commonly referred to as electronic speed meters or radar, or

infrared laser light devices (commonly referred to as LIDAR), in

accordance with this section. Enforcement of speed restrictions

under this section may be enforced by police officers on a

State-owned limited access or divided highway only if the

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highway is patrolled by the local or regional police department

under the terms of an agreement with the Pennsylvania State

Police.

electronic devices must:

(1) complete a training course approved by the

Pennsylvania State Police and the Municipal Police Officers'

Education and Training Commission; and

(2) operate the devices from a clearly marked vehicle.

(d) Conviction.--No person may be convicted upon evidence

obtained through the use of an electronic device used under this

section unless:

(1) The speed recorded is over 10 miles-per-hour in

excess of the legally posted speed limit.

(2) Official warning signs indicating the use of

electronic devices by a police officer and worded "local

police radar enforced" are erected within 500 feet of the

border of the political subdivision on the main arteries

entering that political subdivision.

(e) Classification, approval and testing of electronic

devices.--Electronic devices used under this section shall be

subject to the provisions of section 3368(d) and must be tested

for accuracy within a period of one year prior to the alleged

violation in accordance with specifications prescribed by

National Highway Safety Administration standards. All electronic

devices used under this section must appear on the conforming

products list, in conjunction with National Highway Safety

Administration standards.

(f) Local ordinance required to enforce.--Prior to employing

electronic devices under this section, the governing body of the

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municipality must adopt an ordinance authorizing the use of

electronic devices by police officers on roadways under

subsection (b) within the boundaries of the municipality.

(g) Initial period.--During the initial 90 days of speed

enforcement using electronic devices, individuals may only be

sanctioned for violations with a written warning.

(h) Revenue limit.--A municipal share of revenue generated

from the use of an electronic device may not exceed an amount

equal to 20% of the municipality's annual budget. All revenue

collected in excess of this amount shall be remitted to the

department for deposit in the Motor License Fund and shall be

appropriated by the General Assembly.

(i) Construction.--This section shall not abrogate, limit,

restrict or diminish any authority granted by law to and

exercised by the Pennsylvania State Police as of the effective

date of this section.

(j) Expiration.--This section shall expire six years from

the effective date of this section.

Section 3. Repeals are as follows:

(1) The General Assembly declares that the repeal under

paragraph (2) is necessary to effectuate the addition of 44

Pa.C.S. Pt. V.

(2) The act of October 30, 1981 (P.L.321, No.114),

entitled "An act prohibiting political subdivisions or

agencies of the Commonwealth from imposing certain quotas on

the issuance of citations for certain offenses," is repealed.

Section 4. This act shall take effect in 120 days.

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